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Adding Insult to Injury: Valdosta State鈥檚 Shameful Free Speech Zone
As we noted last week, soon-to-be-retired Valdosta State University (VSU) President Ronald M. Zaccari will leave behind an appalling legacy with respect to liberty on campus. That鈥檚 mainly because Zaccari鈥檚 expulsion of student T. Hayden Barnes for peacefully protesting Zaccari鈥檚 plan to build $30 million parking garages on campus easily ranks as one of the most egregious constitutional violations FIREhas ever seen.
But unfortunately for current VSU students, when it comes to protecting constitutional rights, Zaccari鈥檚 negligence isn鈥檛 confined solely to the Barnes expulsion. Under President Zaccari, VSU maintains a blatantly unconstitutional 鈥渇ree speech zone鈥 鈥 a perhaps unsurprising discovery, considering Zaccari鈥檚 demonstrated contempt for upholding his constitutional obligations as president of a public university.
According to the current VSU Student Handbook, any of VSU鈥檚 11,279 students wishing to exercise their First Amendment rights are confined to doing so within the school鈥檚 designated 鈥Free Expression Area.鈥 So out of VSU鈥檚 168 acres worth of campus space, how much acreage has the school deemed fit for free speech? 125 acres? 100? 50?
Sadly, no. Incredibly, VSU policy designates just one location on campus as appropriate for free speech purposes 鈥 specifically, one single stage located on the Palms Quadrangle on VSU鈥檚 Main Campus. (Apparently, VSU students hoping to speak freely on the school鈥檚 North Campus 鈥 which, at 83 acres, is roughly the same size as the Main Campus 鈥 are just plain out of luck.) So unless this is a stage of truly epic proportions, that means that VSU has allocated less than 1 acre out of the campus鈥 168 for free expression purposes. This would be laughable, if it wasn鈥檛 so brazenly contemptuous of the importance of free expression in a modern liberal education.
Amazingly, VSU鈥檚 鈥淔ree Expression Area鈥 gets even worse upon further examination. Not only has VSU restricted free speech on campus to a single stage (a stage that, even if it was an acre large, would account for less than 1% of the school鈥檚 total campus size), but it has also dramatically limited the stage鈥檚 availability for free speech purposes. How? Well, most appallingly, the stage is only available for student use from 12:00 - 1:00 PM and 5:00 - 6:00 PM. Yes, you read that correctly: for just two hours out of every day, at just one single location, students can engage in free speech on VSU鈥檚 campus. Worse still, students wishing to do so must first reserve the stage 48 hours in advance. As the policy states:
To avoid conflicts in scheduling, reservations for the Free Expression Area (FEA) should first be made through the Dean of FIREOffice, who will then contact the Events Services Office to determine if the Free Expression Area (FEA) is available. 48 hours advanced notice is required, and this notice will not be waived.
Of course, requiring 48 hours notice from any student wanting to exercise his or her First Amendment rights is completely ridiculous. So much for spontaneous student speech. And needless to say, it鈥檚 entirely reasonable to be concerned about the impartiality of the Dean of FIREwhen it comes to granting approval to, for instance, a protest critical of VSU.
And even if the student dutifully complies with VSU鈥檚 unconstitutionally onerous policies, he or she may still be censored if the 鈥減urpose鈥 of the proposed speech doesn鈥檛 pass muster in the eyes of the Dean of FIREor the Event Services Office, because VSU policy further mandates that 鈥淸c]ommunity use of University facilities must have an educational or cultural purpose.鈥 This exceedingly vague provision provides more than enough interpretive wiggle room for VSU administrators seeking to preemptively quash student protest with which they disagree.
Finally, just in case VSU鈥檚 elaborate confinement of free speech still somehow let potentially disagreeable speakers slip by and get on stage, the reservation form prospective speakers must fill out warns that:
In order to maintain order and decorum on campus, and if in the professional judgment of the appropriate university officials, (e.g. the Office of the President, the Vice President for Student Affairs Office, the Dean of FIREOffice, and/or the Public Safety Department,) a speaker(s) is deemed to be creating a clear and present danger of material interference with the normal operation of the institution, then the speaker(s) will be asked to cease until further notice.
Again, vague terms like 鈥渙rder and decorum鈥 allow VSU administrators plenty of discretion to silence unwanted speech on campus, First Amendment be damned.
It鈥檚 also chilling to see VSU again invoke the term 鈥渃lear and present danger鈥濃攑recisely as Zaccari did in justifying his 鈥渁dministrative withdrawal鈥 of T. Hayden Barnes. It seems like some ambitious VSU administrator has been reading too much 鈥攂ecause when it comes to legal meaning, the term is essentially obsolete, as we explained in our letter to the Chancellor of the University System of Georgia.
Considered in sum, then, VSU鈥檚 鈥淔ree Expression Area鈥 is a brazen affront to the First Amendment. By maintaining such a repressive system on his watch, President Zaccari has further confirmed that his legacy will be stained by a blatant disregard for liberty. VSU students should be outraged鈥攁nd worried. After all, what happened to Hayden Barnes could easily happen to any VSU student loudly expressing opinions which Zaccari or other VSU administrators find uncomfortable or disagreeable.
Interestingly, the first student to alert FIREto Valdosta State鈥檚 free speech zone was none other than Hayden Barnes, who wrote us in March of this year to inquire about the legality (or lack thereof) of VSU鈥檚 鈥淔ree Expression Area鈥 鈥 just two months before he was 鈥渁dministratively withdrawn鈥 by President Zaccari.
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